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Anonymous users2024-02-091. When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties.
If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated;
If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.
2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:
1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.
3. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.
IV. Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.
5. The parties shall pay the case acceptance fee and other litigation fees in advance within 7 days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, deferment or exemption within the prepayment period.
6. After the case filing formalities, the case shall be scheduled by the court**, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded, and refund the excess and make up for the deficiency.
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Anonymous users2024-02-08Apply to the Executive Directorate of the Court to step in and call the shots for you. They have all sorts of means.
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Anonymous users2024-02-07Legal analysis: If you don't repay the money, you will be listed as a dishonest person. There are also the following consequences:
1. The housing court can directly auction it; 2. Sealing and freezing accounts; 3. Shall not serve as a boss, director, supervisor or executive; 4. Eight types of high consumption are prohibited; 5. Will be restricted from buying a house or leaving the country; 6. The pension can be deducted directly from the account.
Legal basis: Article 243 of the Civil Procedure Law of the People's Republic of China: If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained.
When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong.
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Anonymous users2024-02-06They may be pursued for the crime of refusing to enforce a judgment or ruling.
On the basis of article 313 of the Criminal Law, where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, or a fine.
According to the provisions of the relevant laws of our country: The following acts of refusal to enforce a judgment or ruling are to be punished as the crime of refusing to enforce a judgment or ruling in accordance with the provisions of article 313 of the Criminal Law. (1) The person subject to enforcement conceals, transfers, or intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling; (2) The guarantor or the person subject to enforcement conceals, transfers, intentionally destroys, or transfers property for which security has been provided to the people's court, making it impossible to enforce the judgment or ruling; (3) After receiving the people's court's notice of assistance in enforcement, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling; (4) The person subject to enforcement, the guarantor, or the person assisting in enforcement conspires with the staff of a state organ to use the authority of the staff of the state organ to obstruct enforcement, making it impossible to enforce the judgment or ruling; (5) Other situations where there is the ability to enforce but refusal to do so, and the circumstances are serious.
To sum up, if the old man can repay the loan but does not repay, then he is suspected of the crime of refusing to execute the judgment and ruling.
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Anonymous users2024-02-05Legal Analysis: If Lai's refusal to enforce the court's judgment is serious, he may be investigated for criminal responsibility. According to the relevant laws of our country, if the judgment made by the court can be refined, if the circumstances are serious, it will be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Legal basis: "Criminal Law of the People's Republic of China" Article 313:Where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
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Anonymous users2024-02-04Legal Analysis: If Lai has the ability to enforce a judgment or ruling of a people's court but refuses to do so, and the circumstances are serious, he may be investigated for criminal responsibility. may be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Legal basis: "Criminal Law of the People's Republic of China" Article 313: Crime of Refusing to Enforce a Judgment or Ruling Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
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Anonymous users2024-02-03Refusal to enforce a court judgment constitutes the crime of refusing to enforce a court judgment. Article 313 of the Criminal Law stipulates that a person who refuses to enforce a judgment or ruling of a people's court who has the ability to do so, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.
In addition, according to Article 1 of the "Notice of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Issues Concerning the Strict Investigation and Punishment of Criminal Acts of Refusal to Enforce Judgments and Rulings and Violent Resistance to Court Enforcement" in accordance with law, it is provided:
1. The following acts of refusal to enforce a judgment or ruling are to be punished as the crime of refusing to enforce a judgment or ruling in accordance with the provisions of Criminal Law article 313.
(1) The person subject to enforcement conceals, transfers, or intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling;
(2) The guarantor or the person subject to enforcement conceals, transfers, intentionally destroys, or transfers property for which security has been provided to the people's court, making it impossible to enforce the judgment or ruling;
(3) After receiving the people's court's notice of assistance in enforcement, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling;
(4) The person subject to enforcement, the guarantor, or the person assisting in enforcement conspires with the staff of a state organ to use the authority of the staff of the state organ to obstruct enforcement, making it impossible to enforce the judgment or ruling;
(5) Other situations where there is the ability to enforce but refusal to do so, and the circumstances are serious.
It can be seen from this that although it is a civil case, the old man who meets the above situation will also be punished by criminal punishment.
If it helps!
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Anonymous users2024-02-02You can apply to the court for compulsory repayment. It's just a civil dispute and hasn't risen to a criminal case yet.
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Anonymous users2024-02-01Generally, criminal liability cannot be pursued, but only a civil matter.
How to report a cheater:
1. At present, state organs have implanted the enforcement service entity platform into the Internet, and can make reports through the online auxiliary system of the online enforcement affairs center. The system is open to the parties to the enforcement case, such as inquiries into the information of the enforcement case, the appointment of the enforcement judge, the receipt and transfer of enforcement materials, and the reporting of clues on the property of the person subject to enforcement, and other matters directly related to the enforcement of the case and the promotion of its process; >>>More
It was the girl's father who sold the house to others, but her father squandered the money and committed suicide, and the girl had the right to inherit, because the house was jointly owned by her father and her mother, so the girl had no money to pay back to others, and the house could not be sold, so she could only become an old man.
If you owe too much money and don't pay it back, you can't help it, you think you're unlucky.
Not at all, if it is useful, there will be so many old people in China every year, in a few years, maybe most of the people in China will become old lai, the old man does not pay back, you go to ** he restricts taking the plane high-speed rail, restricts children from attending private schools, restricts high consumption, if the old lai does not go to take the high-speed rail, does not take the plane, goes out to drive and buy a car, buys a car in someone else's name, and the bank card is also used by someone else, can you take him have a way? Can you find proof? You go to the door to ask for money illegally, ** collection, illegal, so, these laws obviously protect Lao Lai, Lao Lai is very chic, so Lao Lai still blows to me, he said that the current policy is good.
Directly call the police to deal with it, and then change the lock and drive out such people. You can also ask if he is deliberately in arrears or if he is temporarily in trouble.